Detailed Answer
Under Illinois law, a surviving spouse may claim a year’s allowance from an estate. To determine that allowance, you generally must identify all relevant personal property you wish to include.
What Is the Year’s Allowance?
Section 19-1 of the Illinois Probate Act (755 ILCS 5/19-1) allows a surviving spouse to receive $20,000 in cash plus household furniture, furnishings, appliances and motor vehicles, or elect to take a share of the estate’s residue. You must file a petition within six months of the personal representative’s appointment.
Do You Have to List Personal Property Assets?
Yes. When you petition for the year’s allowance, the circuit clerk requires an inventory of estate assets under 755 ILCS 5/11-1 (Inventory of Estate Assets). Your petition should enumerate the items you claim as part of the allowance, such as furniture, appliances or vehicles. Listing ensures the court and the personal representative can verify values.
Practical Steps
For example, Jane Doe files her petition in Cook County. She lists a 2019 Toyota Camry, living room furniture valued at $5,000 and kitchen appliances worth $2,000. She totals these items toward her household goods allowance and requests the $20,000 cash allowance under 755 ILCS 5/19-1 (Year’s Allowance).
Helpful Hints
- File your petition within six months of the personal representative’s appointment.
- Use fair market values for household items and vehicles.
- Keep receipts or appraisals to support your valuations.
- Consult the clerk’s office for local filing procedures and fees.
- Consider consulting an attorney if the estate is complex or contested.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.